Liabilities for body corporates and nominated building practitioners under the Design and Building Practitioners Act 2020 (NSW) (Act)

On 1 July 2021, the following sections of the Act commenced operation:

  1. Part 2;
  2. Division 1 of Part 3;
  3. Parts 5 to 9; and
  4. Clauses 2 to 4 of Schedule 1.

The commencement of these sections introduces the Act in its full operation, except for the requirements as to specialist work under Division 2 of Part 3 of the Act.

This commencement also raises a number of untested issues in relation to liabilities for practitioners and bodies corporate under the Act.

This article will discuss the following topics:

  1. What is a body corporate in the context of the Act?
  2. Who makes a declaration when a body corporate nominates a building practitioner under the Act?
  3. Are both the body corporate and a nominated individual required to hold insurance as building practitioners under the Act?
  4. Are both the body corporate and a nominated individual liable for building compliance declarations?

Access the full article by Brett Vincent, Joel Dueck and Adam Silk here.

If you have any further questions please contact Brett Vincent on (02) 9261 5900.